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(영문) 창원지방법원 통영지원 2013.08.08 2013고단418
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

A disposable divers (Evidence No. 3) seized from the defendant.

Reasons

Punishment of the crime

On December 24, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on December 24, 2009 and completed the execution of the sentence on January 22, 201.

"2013 Highest 418"

1. Notwithstanding that the Defendant is not a person handling narcotics, at around 21:00 on May 21, 2013, the Defendant administered the psychotropic drugs in a manner of dilution 0.05g of psychotropic drugs (one-day name, penphone) with a single-use injection device, and then injecting them into the bloodline of his left part using a single-use injection device.

2. Notwithstanding that the Defendant is not a person handling narcotics, at around 01:00 on June 2, 2013, the Defendant administered 0.03gg of psychotropic drugs on the street before a soup set of the Frying E in the city, in the same manner as described in paragraph (1).

3. At around 16:00 on June 4, 2013, the Defendant administered 0.05g of psychotropic drugs in the same manner as described in paragraph (1).

"2013 Highest 495"

4. Notwithstanding that the Defendant is not a person handling narcotics, at around 22:00 on April 5, 2013, the Defendant administered approximately 0.03 g of Metepia (one name, one philophone) at the 606th room of the trade in Maha-gu Busan Metropolitan City, Busan Metropolitan City, in the same manner as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Responses to the request for appraisal, and additions to each request for appraisal;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of the completion date of punishment);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The sentencing guidelines of Article 334(1) of the Criminal Procedure Act are as follows.

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